Understanding Slip and Fall Accidents and Litigation
By The Perazzo Law Firm
Slip and fall is a special area of law governing situations where an individual falls and suffers an injury on the property of another party. Slip and fall law falls under the category of personal injury law governed by the standards of negligence.
In order to maintain a claim for negligence, the victim of the slip and fall must prove the four elements of negligence: duty, breach, causation and damages.
Slip and falls can occur anywhere from a sidewalk to an aisle in your favorite supermarket. One of the more difficult aspects of slip and fall cases, is proving what the owner or operator of the location where the injury occurred knew of the dangerous condition that caused the injury. Oftentimes, the dangerous injury-causing condition occurs more than once and is known to the owner or operator of the property.
As a victim of a slip and fall, you are allowed to gather evidence through discovery and depositions. Discovery is an evidence gathering process during litigation, allowing the plaintiff to a lawsuit what the defendant knew of the dangerous condition. Through discovery, you may be able to gather the surveillance footage, documentation evidencing prior slip and falls. Moreover, discovery allows for the plaintiff in a personal injury lawsuit to depose the individual defendant or a representative of a defendant.
Frequently the insurance company will defend the owner or the operator of the premises where the injury occurred. Typically, the defendant will place blame or a portion of the blame on the victim of the slip and fall. The defendant may suggest the victim was careless in not paying attention to the surrounding or taking a known risk resulting in an injury where one could have been avoided.
At The Perazzo Law Firm, we pride ourselves in representing the people of Florida and their families. We will always put our clients’ needs at the forefront of the fight against the insurance industry. Our Miami personal injury lawyers have dedicated their entire careers in fighting for your rights. Whether you seek compensation for injuries, fighting for justice for wrongful arrest or looking for a home, you can rest assured our lawyers will be there for you.
For further information regarding slip and fall injuries, visit our previous post by clicking here.
If you or a loved one has suffered an injury, we encourage you to call us at 786 LAWS-411 (786-529-7411) to set up a FREE consultation to discuss your legal rights.